1 | 1 | | 89R17517 DRS-D |
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2 | 2 | | By: Gutierrez S.J.R. No. 76 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment authorizing the legislature |
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9 | 9 | | to exempt from ad valorem taxation real property leased to certain |
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10 | 10 | | local public entities for use as a hospital and related health care |
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11 | 11 | | services. |
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12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 2(a), Article VIII, Texas Constitution, |
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14 | 14 | | is amended to read as follows: |
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15 | 15 | | (a) All occupation taxes shall be equal and uniform upon the |
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16 | 16 | | same class of subjects within the limits of the authority levying |
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17 | 17 | | the tax; but the legislature may, by general laws, exempt from |
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18 | 18 | | taxation public property used for public purposes; actual places of |
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19 | 19 | | religious worship, also any property owned by a church or by a |
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20 | 20 | | strictly religious society for the exclusive use as a dwelling |
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21 | 21 | | place for the ministry of such church or religious society, and |
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22 | 22 | | which yields no revenue whatever to such church or religious |
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23 | 23 | | society; provided that such exemption shall not extend to more |
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24 | 24 | | property than is reasonably necessary for a dwelling place and in no |
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25 | 25 | | event more than one acre of land; any property owned by a church or |
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26 | 26 | | by a strictly religious society that owns an actual place of |
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27 | 27 | | religious worship if the property is owned for the purpose of |
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28 | 28 | | expansion of the place of religious worship or construction of a new |
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29 | 29 | | place of religious worship and the property yields no revenue |
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30 | 30 | | whatever to the church or religious society, provided that the |
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31 | 31 | | legislature by general law may provide eligibility limitations for |
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32 | 32 | | the exemption and may impose sanctions related to the exemption in |
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33 | 33 | | furtherance of the taxation policy of this subsection; any property |
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34 | 34 | | that is owned by a church or by a strictly religious society and is |
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35 | 35 | | leased by that church or strictly religious society to a person for |
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36 | 36 | | use as a school, as defined by Section 11.21, Tax Code, or a |
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37 | 37 | | successor statute, for educational purposes; places of burial not |
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38 | 38 | | held for private or corporate profit; solar or wind-powered energy |
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39 | 39 | | devices; all buildings used exclusively and owned by persons or |
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40 | 40 | | associations of persons for school purposes and the necessary |
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41 | 41 | | furniture of all schools and property used exclusively and |
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42 | 42 | | reasonably necessary in conducting any association engaged in |
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43 | 43 | | promoting the religious, educational and physical development of |
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44 | 44 | | boys, girls, young men or young women operating under a State or |
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45 | 45 | | National organization of like character; also the endowment funds |
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46 | 46 | | of such institutions of learning and religion not used with a view |
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47 | 47 | | to profit; and when the same are invested in bonds or mortgages, or |
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48 | 48 | | in land or other property which has been and shall hereafter be |
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49 | 49 | | bought in by such institutions under foreclosure sales made to |
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50 | 50 | | satisfy or protect such bonds or mortgages, that such exemption of |
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51 | 51 | | such land and property shall continue only for two years after the |
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52 | 52 | | purchase of the same at such sale by such institutions and no |
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53 | 53 | | longer, and institutions engaged primarily in public charitable |
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54 | 54 | | functions, which may conduct auxiliary activities to support those |
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55 | 55 | | charitable functions; any real property that is leased to a |
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56 | 56 | | governmental entity established jointly by a county and a |
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57 | 57 | | municipality under general law to provide hospital care if the real |
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58 | 58 | | property is used by the governmental entity for hospital purposes |
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59 | 59 | | and the provision of related health care services that constitute |
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60 | 60 | | public purposes; and all laws exempting property from taxation |
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61 | 61 | | other than the property mentioned in this Section shall be null and |
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62 | 62 | | void. |
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63 | 63 | | SECTION 2. The following temporary provision is added to |
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64 | 64 | | the Texas Constitution: |
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65 | 65 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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66 | 66 | | to the constitutional amendment proposed by the 89th Legislature, |
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67 | 67 | | Regular Session, 2025, authorizing the legislature to exempt from |
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68 | 68 | | ad valorem taxation real property leased to certain local public |
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69 | 69 | | entities for use as a hospital and related health care services. |
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70 | 70 | | (b) The amendment to Section 2(a), Article VIII, of this |
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71 | 71 | | constitution takes effect beginning with the tax year that begins |
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72 | 72 | | January 1, 2026. |
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73 | 73 | | (c) This temporary provision expires January 1, 2027. |
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74 | 74 | | SECTION 3. This proposed constitutional amendment shall be |
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75 | 75 | | submitted to the voters at an election to be held November 4, 2025. |
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76 | 76 | | The ballot shall be printed to permit voting for or against the |
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77 | 77 | | proposition: "The constitutional amendment authorizing the |
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78 | 78 | | legislature to exempt from ad valorem taxation real property leased |
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79 | 79 | | to certain local public entities for use as a hospital and related |
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80 | 80 | | health care services." |
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